[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 717 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 717

 To amend the Egg Research and Consumer Information Act to modify the 
provisions governing the rate of assessment, to expand the exemption of 
          egg producers from such Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 1 (legislative day, March 3), 1993

  Mr. Pryor (for himself, Mr. Heflin, and Mr. Cochran) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Egg Research and Consumer Information Act to modify the 
provisions governing the rate of assessment, to expand the exemption of 
          egg producers from such Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Egg Research and Consumer 
Information Improvement Act of 1993''.

SEC. 2. RATE OF ASSESSMENT.

    (a) In General.--Section 8(e) of the Egg Research and Consumer 
Information Act (7 U.S.C. 2707(e)) is amended--
            (1) by designating the first and second sentences as 
        paragraph (1);
            (2) by designating the fifth and sixth sentences as 
        paragraph (3); and
            (3) by striking the third and fourth sentences and 
        inserting the following new paragraph:
    ``(2) The rate of assessment shall be prescribed by the order. The 
rate shall not exceed 30 cents per case of commercial eggs or the 
equivalent of a case. Subject to the preceding sentence, the order may 
be amended to change the rate of assessment if the change is 
recommended by the Egg Board and approved by egg producers in a 
referendum conducted under section 9(b).''.
    (b) Referendum.--Section 9 of such Act (7 U.S.C. 2708) is amended--
            (1) by designating the first and second sentences as 
        subsection (a);
            (2) by designating the third sentence as subsection (c); 
        and
            (3) by inserting after subsection (a) (as designated by 
        paragraph (1) of this subsection) the following new subsection:
    ``(b)(1) If the Egg Board determines, based on a scientific study, 
marketing analysis, or other similar competent evidence, that an 
increase in the rate of assessment is needed to ensure that the 
assessment under the order is established at an appropriate level to 
effectuate the declared policy of this Act, the Egg Board may request 
that the Secretary conduct a referendum, as provided in paragraph (2).
    ``(2) If the Egg Board requests the Secretary to conduct a 
referendum under paragraph (1) or (4), the Secretary shall conduct a 
referendum among egg producers who are not exempt from this Act and 
who, during a representative period determined by the Secretary, have 
been engaged in the production of commercial eggs, for the purpose of 
ascertaining whether the producers approve the change in the rate of 
assessment proposed by the Egg Board.
    ``(3) The change in the assessment rate shall become effective if 
the change is approved or favored by--
            ``(A) not less than two-thirds of the producers voting in 
        the referendum; or
            ``(B) a majority of the producers voting in the referendum, 
        if the majority produced not less than two-thirds of all the 
        commercial eggs produced by the producers voting during a 
        representative period defined by the Secretary.
    ``(4) In the case of the order in effect on the date of the 
enactment of this subsection, the Egg Board shall determine under 
paragraph (1), as soon as practicable after such date of enactment, 
whether to request that the Secretary conduct a referendum under 
paragraph (2). If the Egg Board makes such a request on competent 
evidence, as provided in paragraph (1), the Secretary shall conduct the 
referendum as soon as practicable, but not later than 90 days after 
receipt of the request from the Egg Board.
    ``(5) Notwithstanding any other provision of this Act, if an 
increase in the assessment rate and the authority for additional 
increases is approved by producers in a referendum conducted under this 
subsection, the Secretary shall amend the order to reflect the vote of 
the producers. The amendment to the order shall become effective on the 
date of issuance.''.

SEC. 3. EXEMPTED EGG PRODUCERS.

    Section 12(a)(1) of the Egg Research and Consumer Information Act 
(7 U.S.C. 2711(a)(1)) is amended by striking ``30,000 laying hens'' and 
inserting ``50,000 -laying hens''.

SEC. 4. AMENDMENTS TO ORDER.

    (a) In General.--The Secretary of Agriculture shall issue 
amendments to the order issued pursuant to the Egg Research and 
Consumer Information Act (7 U.S.C. 2701 et seq.) to implement the 
amendments made by this Act. The amendments shall be issued after 
public notice and opportunity for comment in accordance with section 
553 of title 5, United States Code, and without regard to sections 556 
and 557 of such title. The Secretary shall issue the proposed 
amendments to the order not later than 30 days after the date of the 
enactment of this Act.
    (b) Effective Date.--The amendments to the order required by 
subsection (a) shall become effective not later than 90 days, as 
determined by the Secretary, after the date of the enactment of this 
Act. The amendments shall not be subject to a referendum conducted 
under the Egg Research and Consumer Information Act.

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